104884 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 

transiting loaded within Corpus Christi 

Ship Channel. It is categorically 

excluded from further review under 

L60(a) in Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–1078 to read as 

follows: 

§ 165.T08–1078 Security Zones; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following area is a 

moving security zone: All navigable 

waters encompassing a 500-yard radius 

around the M/V ARC INDEPENDENCE 

while the vessel loaded with cargo and 

is in the Corpus Christi Ship Channel. 

(b) Enforcement period. This section 

will be enforced during the times the 

ship is loaded and underway. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

A designated representative is a Coast 

Guard Patrol Commander, including a 

Coast Guard coxswain, petty officer, or 

other officer operating a Coast Guard 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port, USCG Sector Corpus 

Christi (COTP) in the enforcement of the 

security zone. 

(2) Persons or vessels desiring to enter 

or pass through the zone must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels must comply with 

all lawful orders and directions of the 

COTP or the COTP’s designated 

representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs) and Marine 

Safety Information Bulletins (MSIBs) of 

the enforcement times and dates for this 

security zone. 

Dated: December 17, 2024. 

T.H. Bertheau, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2024–30547 Filed 12–23–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0385; FRL–12224– 

02–R5] 

Determination of Attainment by the 

Attainment Date; Michigan; St. Clair 

2010 Sulfur Dioxide Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making a final 

determination that the St. Clair, MI 

sulfur dioxide (SO2) nonattainment area 

attained the 2010 SO2 national ambient 

air quality standard (NAAQS) by the 

date of September 12, 2021, addressing 

EPA’s obligation under the Clean Air 

Act (CAA) to determine whether the 

area attained the 2010 SO2 NAAQS 

attainment date. EPA proposed this 

action on September 26, 2024, and 

received no comments. 

DATES: This final rule is effective on 

January 27, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0385. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI), Proprietary Business 

Information (PBI), or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through https://

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Alexis 

Bender, at (312) 886–9497, 

bender.alexis@epa.gov before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Bender, Air and Radiation 

Division (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–9497, bender.alexis@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On September 26, 2024 (89 FR 78837), 

EPA proposed to determine that the St. 

Clair, MI SO2 nonattainment area 

attained the 2010 SO2 NAAQS by the 

attainment date of September 12, 2021. 

This determination is based on annual 

SO2 emissions data, modeled data, and 

certified ambient air quality data from 

EPA’s December 7, 2021, Clean Data 

Determination for St. Clair, based on 

2017 to 2019 data, as well as publicly 

available additional supporting 2020 

data. A detailed explanation of the CAA 

requirements and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking 

(NPRM) and will not be restated here. 

The public comment period for this 

proposed rule ended on October 28, 

2024. EPA received no comments on the 

proposal. 

II. Final Determination 

EPA is making a determination that 

the St. Clair nonattainment area attained 

the 2010 SO2 NAAQS by the relevant 

attainment date of September 12, 2021. 

The determination of attainment by the 

attainment date does not constitute a 

redesignation of the St. Clair, MI 

nonattainment area to attainment of the 

2010 SO2 NAAQS under section 

107(d)(3) of the CAA. The St. Clair area 

will remain designated nonattainment 

for the 2010 SO2 NAAQS until such 

time as EPA approves a redesignation 

request and accompanying 10-year 


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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 104885 

maintenance plan, and EPA determines 

that the area meets the requirements of 

CAA section 107(d)(3) and provides for 

maintenance as required by CAA 

section 175A. 

This final action will address EPA’s 

obligation under CAA section 179(c) to 

determine if the St. Clair Area attained 

the 2010 SO2 NAAQS by the attainment 

date of September 12, 2021. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

14094 (88 FR 21879, April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA of 1995 (44 U.S.C. 

3501 et seq.). This action does not 

contain any information collection 

activities and serves only to make a final 

determination that the St. Clair, 

Michigan nonattainment area attained 

the 2010 SO2 NAAQS by the September 

12, 2021, attainment date. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

The determination of attainment by 

attainment date action of attaining the 

2010 SO2 NAAQS will not impose any 

requirements on small entities or will 

not create any new requirements beyond 

what is mandated by the CAA. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the Federal 

government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This action does not have 

Tribal implications as specified in 

Executive Order 13175. This action does 

not apply on any Indian reservation 

land, any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction, or nonreservation areas of Indian country. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern environmental health or safety 

risks that EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, or 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment.’’ 

EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898/14096 

of achieving EJ for communities with EJ 

concerns. 

K. Congressional Review Act 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 24, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide. 

Dated: December 18, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended as follows: 


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104886 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.1170, the table in paragraph 

(e) is amended by adding an entry for 

‘‘2010 Sulfur Dioxide Determination of 

Attainment by the Attainment Date’’ 

before the entry for ‘‘Determination of 

failure to attain the 2010 SO2 standard’’ 

to read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable 

geographic 

or nonattainment 

area 

State 

submittal 

date 

EPA Approval date Comments 

*******

2010 Sulfur Dioxide Determination of Attainment 

by the Attainment Date.

St. Clair 

County 

(part).

.................... 12/26/2024, [INSERT FIRST PAGE OF Federal 

Register CITATION].

....................

* * * * * * * 

* * * * * 

[FR Doc. 2024–30583 Filed 12–23–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0563; FRL–12442– 

03–R9] 

Determination To Defer Sanctions; 

California; Mojave Desert Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination that the California Air 

Resources Board (CARB) has submitted 

a rule and other materials on behalf of 

the Mojave Desert Air Quality 

Management District (MDAQMD) that 

corrects deficiencies in its Clean Air Act 

(CAA or ‘‘Act’’) State Implementation 

Plan (SIP) concerning reasonably 

available control technology (RACT) 

ozone nonattainment requirements for 

controlling emissions of oxides of 

nitrogen (NOX) from industrial, 

institutional, and commercial boilers, 

steam generators, and process heaters. 

This determination is based on a 

proposed approval, published elsewhere 

in this issue of the Federal Register, of 

MDAQMD Rule 1157, which regulates 

this source category. The effect of this 

interim final determination is that the 

imposition of sanctions that were 

triggered by a previous limited 

disapproval by the EPA in 2023 is now 

deferred. If the EPA finalizes its 

approval of MDAQMD’s submission, 

relief from these sanctions will become 

permanent. 

DATES: This interim final determination 

is effective December 26, 2024. 

However, comments will be accepted on 

or before January 27, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2024–0563 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with a 

disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

Kenya Evans-Hopper, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; phone: (415) 972–3245; email 

evanshopper.lakenya@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. The EPA’s Evaluation and Action 

III. Statutory and Executive Order Reviews 

I. Background 

On June 16, 2023, the EPA issued a 

final rule (88 FR 39366, the ‘‘2023 final 

rule’’) promulgating a limited approval 

and limited disapproval for the 

MDAQMD rule listed in Table 1, which 

was submitted by the California Air 

Resources Board (CARB) to the EPA for 

inclusion into the California SIP. 

TABLE 1—DISTRICT RULE WITH PREVIOUS EPA ACTION

Rule No. Rule title Amended Submitted EPA action in 2023 

1157 .................. Boilers and Process Heaters 01/22/2018 05/23/2018 Limited Approval and Limited Disapproval. 


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